Death Benefits, 9897 [06-1864]

Download as PDF 9897 Rules and Regulations Federal Register Vol. 71, No. 39 Tuesday, February 28, 2006 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. Paperwork Reduction Act The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. Unfunded Mandates Reform Act of 1995 Pursuant to the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 602, 632, 653, 1501–1571, the effects of this regulation on state, local, and tribal governments and the private sector have been assessed. This regulation will not compel the expenditure in any one year of $100 million or more by state, local, and tribal governments, in the aggregate, or by the private sector. Therefore, a statement under § 1532 is not required. FEDERAL RETIREMENT THRIFT INVESTMENT BOARD 5 CFR Part 1651 Death Benefits Federal Retirement Thrift Investment Board. AGENCY: ACTION: Submission to Congress and the General Accounting Office Final rule. The Executive Director of the Federal Retirement Thrift Investment Board (Agency) is adopting as final, without change, the Agency’s proposed rule to permit the Agency to rely on a participant’s marital status as stated on a Federal income tax form when determining whether a deceased participant had a common law marriage. SUMMARY: This final rule is effective February 28, 2006. DATES: FOR FURTHER INFORMATION CONTACT: John The Agency administers the Thrift Savings Plan (TSP), which was established by the Federal Employees’ Retirement System Act of 1986 (FERSA), Public Law 99–335, 100 Stat. 514. The TSP provisions of FERSA are codified, as amended, largely at 5 U.S.C. 8351 and 8401–79. On January 12, 2006, the Agency published a proposed rule with request for comments in the Federal Register (71 FR 1984). The Agency received no comments on the proposed rule. Therefore, the Executive Director is publishing the proposed rule as final without change. SUPPLEMENTARY INFORMATION: sroberts on PROD1PC70 with RULES Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities. They will affect only employees of the Federal Government. 16:27 Feb 27, 2006 Pursuant to 5 U.S.C. 801(a)(1)(A), the Board submitted a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States before publication of this rule in the Federal Register. This rule is not a major rule as defined at 5 U.S.C. 804(2). List of Subjects in 5 CFR Part 1651 Employee benefit plans, Government employees, Pensions, Retirement. A. Hahn on (202) 942–1630. VerDate Aug<31>2005 I certify that these regulations do not require additional reporting under the criteria of the Paperwork Reduction Act of 1980. Jkt 208001 Gary A. Amelio, Executive Director, Federal Retirement Thrift Investment Board. Accordingly, for the reasons set forth in the preamble, section 1651.5 of chapter VI of title 5 of the Code of Federal Regulations is amended as follows: I PART 1651—DEATH BENEFITS 1. The authority citation for part 1651 continues to read as follows: I Authority: 5 U.S.C. 8424(d), 8432(j), 8433(e), 8435(c)(2), 8474(b)(5), and 8474(c)(1). I 2. Revise § 1651.5 to read as follows: § 1651.5 Spouse of participant. (a) For purposes of payment under § 1651.2(a)(2), the spouse of the participant is the person to whom the participant was married on the date of death. A person is considered to be married even if the parties are separated, unless a court decree of PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 divorce or annulment has been entered. State law of the participant’s domicile will be used to determine whether the participant was married at the time of death. (b) If a person claims to have a marriage at common law with a deceased participant, the TSP will pay benefits to the putative spouse under § 1651.2(a)(2) in accordance with the marital status shown on the most recent Federal income tax return filed by the participant. Alternatively, the putative spouse may submit a court order or administrative adjudication determining that the common law marriage is valid. [FR Doc. 06–1864 Filed 2–27–06; 8:45 am] BILLING CODE 6760–01–P FEDERAL RESERVE SYSTEM 12 CFR Part 225 [Regulation Y; Docket No. 1235] Capital Adequacy Guidelines for Bank Holding Companies; Small Bank Holding Company Policy Statement; Definition of a Qualifying Small Bank Holding Company Board of Governors of the Federal Reserve System. ACTION: Final rule. AGENCY: SUMMARY: The Board of Governors of the Federal Reserve System (Board) is amending the asset size threshold and other criteria for determining whether a bank holding company (BHC) qualifies for the Board’s Small Bank Holding Company Policy Statement (Regulation Y, Appendix C) (Policy Statement) and an exemption from the Board’s consolidated risk-based and leverage capital adequacy guidelines for BHCs (Regulation Y, Appendices A and D) (Capital Guidelines). The Board is adopting this final rule to address the effects of inflation, industry consolidation, and normal asset growth of BHCs since the Board introduced the Policy Statement in 1980. The final rule increases the asset size threshold from $150 million to $500 million in consolidated assets for determining whether a BHC may qualify for the Policy Statement and an exemption from the Capital Guidelines; modifies the qualitative criteria used in determining whether a BHC that is under the asset size threshold E:\FR\FM\28FER1.SGM 28FER1

Agencies

Federal Retirement Thrift Investment Board

[Federal Register Volume 71, Number 39 (Tuesday, February 28, 2006)]
[Rules and Regulations]
[Page 9897]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1864]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 71, No. 39 / Tuesday, February 28, 2006 / 
Rules and Regulations

[[Page 9897]]



FEDERAL RETIREMENT THRIFT INVESTMENT BOARD

5 CFR Part 1651


Death Benefits

AGENCY: Federal Retirement Thrift Investment Board.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Executive Director of the Federal Retirement Thrift 
Investment Board (Agency) is adopting as final, without change, the 
Agency's proposed rule to permit the Agency to rely on a participant's 
marital status as stated on a Federal income tax form when determining 
whether a deceased participant had a common law marriage.

DATES: This final rule is effective February 28, 2006.

FOR FURTHER INFORMATION CONTACT: John A. Hahn on (202) 942-1630.

SUPPLEMENTARY INFORMATION: The Agency administers the Thrift Savings 
Plan (TSP), which was established by the Federal Employees' Retirement 
System Act of 1986 (FERSA), Public Law 99-335, 100 Stat. 514. The TSP 
provisions of FERSA are codified, as amended, largely at 5 U.S.C. 8351 
and 8401-79.
    On January 12, 2006, the Agency published a proposed rule with 
request for comments in the Federal Register (71 FR 1984). The Agency 
received no comments on the proposed rule. Therefore, the Executive 
Director is publishing the proposed rule as final without change.

Regulatory Flexibility Act

    I certify that these regulations will not have a significant 
economic impact on a substantial number of small entities. They will 
affect only employees of the Federal Government.

Paperwork Reduction Act

    I certify that these regulations do not require additional 
reporting under the criteria of the Paperwork Reduction Act of 1980.

Unfunded Mandates Reform Act of 1995

    Pursuant to the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 602, 
632, 653, 1501-1571, the effects of this regulation on state, local, 
and tribal governments and the private sector have been assessed. This 
regulation will not compel the expenditure in any one year of $100 
million or more by state, local, and tribal governments, in the 
aggregate, or by the private sector. Therefore, a statement under Sec.  
1532 is not required.

Submission to Congress and the General Accounting Office

    Pursuant to 5 U.S.C. 801(a)(1)(A), the Board submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives, and the Comptroller General of the 
United States before publication of this rule in the Federal Register. 
This rule is not a major rule as defined at 5 U.S.C. 804(2).

List of Subjects in 5 CFR Part 1651

    Employee benefit plans, Government employees, Pensions, Retirement.

Gary A. Amelio,
Executive Director, Federal Retirement Thrift Investment Board.

0
Accordingly, for the reasons set forth in the preamble, section 1651.5 
of chapter VI of title 5 of the Code of Federal Regulations is amended 
as follows:

PART 1651--DEATH BENEFITS

0
1. The authority citation for part 1651 continues to read as follows:

    Authority: 5 U.S.C. 8424(d), 8432(j), 8433(e), 8435(c)(2), 
8474(b)(5), and 8474(c)(1).


0
2. Revise Sec.  1651.5 to read as follows:


Sec.  1651.5  Spouse of participant.

    (a) For purposes of payment under Sec.  1651.2(a)(2), the spouse of 
the participant is the person to whom the participant was married on 
the date of death. A person is considered to be married even if the 
parties are separated, unless a court decree of divorce or annulment 
has been entered. State law of the participant's domicile will be used 
to determine whether the participant was married at the time of death.
    (b) If a person claims to have a marriage at common law with a 
deceased participant, the TSP will pay benefits to the putative spouse 
under Sec.  1651.2(a)(2) in accordance with the marital status shown on 
the most recent Federal income tax return filed by the participant. 
Alternatively, the putative spouse may submit a court order or 
administrative adjudication determining that the common law marriage is 
valid.

[FR Doc. 06-1864 Filed 2-27-06; 8:45 am]
BILLING CODE 6760-01-P

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